The office of town marshal of the Town of Double Oak, Texas,
is hereby dispensed with and abolished.
(Ordinance 26-6 adopted 12/2/86)
The Town of Double Oak shall employ a chief of police to perform
the duties authorized to be performed by a town marshal. The chief
of police shall be a peace officer as provided by state law. The chief
of police shall be appointed by the town council, shall have no term
of office, shall serve at the will and pleasure of the town council,
and may be required to perform other duties for the town. The salary
of the chief of police shall be determined by the town council.
(Ordinance 26-6 adopted 12/2/86)
(a)
There
is hereby created and established a police department in the Town
of Double Oak, Denton County, Texas.
(b)
The director
of the police department shall be the chief of police. The department
shall be composed of the chief of police and other employees as the
town council may determine. The chief of police shall have immediate
direction and control of the police department subject to the orders
of the executive officer of the town and subject to such rules, regulations
and ordinances as the town council may prescribe.
(Ordinance 26-6 adopted 12/2/86)
The compensation of the commissioned members and employees of
the police department shall be payable at a time and in a sum to be
fixed by the town council, subject to change from time to time by
the town council. Said members of the police department shall take
and subscribe to the oath of office prescribed by the Constitution
of the State of Texas for county officials.
(Ordinance 26-6 adopted 12/2/86)
In case of a vacancy for any cause in the police department,
the chief of police shall appoint some person to fill such vacancy
as in the first instance with the advice and consent of the town council.
(Ordinance 26-6 adopted 12/2/86)
The chief of police shall have supervision, subordinate to that
of the mayor, over the other members of the police department and
shall have the power with the sheriff of the county to execute the
writ of search warrant.
(Ordinance 26-6 adopted 12/2/86)
The chief of police and other commissioned employees of the
police department shall be, and are hereby invested with all the power
and authority given to them as peace officers under the laws of the
State of Texas in taking cognizance of, and in enforcing the criminal
laws of the state and the ordinances and regulations of the town within
the limits of the town. It shall be the duty of such officers to be
active in quelling riots, disorders and disturbances of the peace
within the limits of the town and shall take into custody all persons
so offending against the public peace. Such officers shall further
use their best endeavors to prevent the commission within the town
of offenses against the laws of the state and of the ordinances and
regulations of the town, to observe and enforce all such laws, ordinances
and regulations, to detect and arrest offenders against the same,
to preserve the good order of the town and to secure the inhabitants
thereof from violence, and the property therein from injury. Such
officers shall have no power or authority in civil matters, but shall
execute any criminal warrant or warrant of arrest that may be placed
in their hands by the duly constituted authorities of the town. Such
officers shall not receive any fee or other compensation for any services
rendered in the performance of his duty, other than the salary paid
them by the town, except upon the approval of the town council, nor
shall they receive a fee as witness in any case arising under the
laws of the state, or under the ordinances or regulations of the town
and prosecuted in the municipal court of said town.
(Ordinance 26-6 adopted 12/2/86)
The chief of police shall have the authority to take suitable
and sufficient bail for appearance before the municipal court of any
person charged with an offense within the jurisdiction of the court.
(Ordinance 26-6 adopted 12/2/86)
(a)
Arrest
without warrant may be made by the chief of police or any other police
officer of the Town of Double Oak, when offenses against the laws
or ordinances are committed in their presence or where persons are
found in suspicious places, and under circumstances which reasonably
show that such persons have been guilty of some felony or breach of
the peace, or threaten or about to commit some offense against the
law.
(b)
In all
cases of arrest without warrant the officer making the arrest shall
immediately take the person arrested before the magistrate who ordered
the arrest, or if the arrest was made without an order, then before
the nearest or most accessible magistrate having jurisdiction.
(Ordinance 26-6 adopted 12/2/86)
The chief of police shall prescribe the uniforms and badges
for the members of the police department, and direct the manner in
which the members of said department shall be armed.
(Ordinance 26-6 adopted 12/2/86)
In case of a vacancy, absence, sickness or inability to act
on the part of the chief of police, the mayor shall designate a permanently
licensed full time peace officer as acting chief of police during
the period of such absence, sickness or inability to act. Such person
shall exercise all the rights, powers and duties, including compensation,
of the chief of police during such period. In the event the mayor
and town council are unable to secure a qualified person to fulfill
the duties of the chief of police, in the interest of the health,
safety and welfare of the town and its inhabitants, the mayor shall
fulfill the duties of such office until such time a qualified person
is available and shall receive no compensation.
(Ordinance 26-6 adopted 12/2/86)
The chief of police with the advice and consent of the mayor,
shall have the right to suspend any of the officers and employees
who may be under his jurisdiction and control, for incompetence, neglect
of duty, immorality, drunkenness, or use of controlled substances.
If any officer or employee be suspended, as herein provided, the chief
of police shall forthwith in writing, certify the fact together with
the cause for the suspension, to the mayor. Within five (5) days from
the receipt of such certificate, if demanded by the suspended officer
or employee to do so, the mayor shall proceed to inquire into the
cause of the suspension and render judgment thereon. Such judgment,
if the charge be sustained, may be suspension, reduction in rank or
dismissal, and shall be final.
(Ordinance 26-6 adopted 12/2/86)
(a)
The Double
Oak Reserve of the Town of Double Oak Police Department, which shall
be a voluntary force of reserve law enforcement officers, hereafter
referred to as the Double Oak Police Reserve is hereby established.
(b)
The Double
Oak Police Reserve shall function under the direction and control
of the chief of police, and also be subject to such rules, regulations
and orders as may be promulgated from time to time by the chief of
police in accordance with the authority vested in the chief of police
by ordinances of the Town of Double Oak.
(c)
The Double
Oak Police Reserve shall be an auxiliary police force composed of
volunteers who shall serve without pay. The chief of police shall
establish the size, composition and organization of the Double Oak
Police Reserve.
(d)
Prior
to performing any duties as a reserve law enforcement officer, each
reserve law enforcement officer applicant shall comply with the requirements
of the Texas Commission on Law Enforcement Officer Standards and Education
and shall apply for certification by said commission as a reserve
law enforcement officer.
(e)
Members
of the Double Oak Police Reserve shall serve at the discretion of
the chief of police and may volunteer to serve as a reserve officer
as the chief may allow. Members of the reserve force, and any other
duly certified peace officer, may be called into active service at
any time the chief of police considers it necessary to have additional
police officers to preserve the peace and enforce the law and, in
such event. the officer shall not serve in the capacity of an unpaid
volunteer but shall, instead be regarded as a part-time employee of
the town's police department. Members of the reserve force shall not
be disqualified from compensation while serving as a part-time police
officer solely because of their membership in the reserve force.
(f)
The chief
of police may provide uniforms and equipment for the Double Oak Police
Reserve from existing supplies, and may request to be purchased special
items of identification as necessary.
(g)
No reserve law enforcement officer appointed pursuant to this article shall be entitled to compensation for service, unless called into active service as provided in subsection (e) of this section. A reserve law enforcement officer who sustains injury in the course of performing official duties may receive limited hospital and medical assistance, provided, however, that nothing in this article shall be construed to authorize or permit a member of the Double Oak Police Reserve to become eligible for participation in any pension fund created pursuant to state statute, to which regular officers may become a member by payroll deductions or otherwise.
(h)
Reserve
law enforcement officers of the Double Oak Police Reserve shall serve
as peace officers during the actual discharge of official duties,
subject at all times to the direction, control and supervisory authority
of the chief of police.
(Ordinance 26-6 adopted 12/2/86; Ordinance
22-08 adopted 12/19/2022)
